Divorce can be a complicated and emotional process, especially when it
comes to the financial aspects of separating from a spouse.
One area that often causes confusion and disagreement is spousal maintenance,
which is also known as
alimony or spousal support.
As a seasoned divorce attorney/mediator and medical professional for over
35 years, I have guided hundreds, if not thousands of spouses on what
they are entitled to when it comes to support.
I can help you too!
So let’s take a look at spousal support:
First, What is Spousal Maintenance?
Spousal maintenance is financial support paid by one spouse to the other
after a divorce. The purpose of spousal maintenance is to help the recipient
spouse maintain a similar standard of living to what they had during the
marriage. This can be especially important if one spouse earned significantly
less than the other or if one spouse stayed at home to care for children
and was out of the workforce for a period of time.
Spousal maintenance can be temporary or permanent, depending on the circumstances
of the divorce. Temporary maintenance is paid for a set period of time,
while permanent maintenance is paid until the recipient spouse dies or
How is Spousal Maintenance Calculated?
Spousal maintenance is not automatically awarded in every divorce case,
and if it is awarded, the amount and duration can vary greatly depending
on the specific circumstances of the divorce.
Some factors that are considered when determining spousal maintenance include:
Length of the marriage: The longer the marriage, the more likely it is
that spousal maintenance will be awarded.
Income of each spouse: If one spouse earns significantly more than the
other, they may be required to pay spousal maintenance to help the other
spouse maintain their standard of living.
Education and earning potential of each spouse: If one spouse has a higher
education and earning potential than the other, they may not be required
to pay spousal maintenance or may only be required to pay it for a short
period of time.
Age and health of each spouse: If one spouse is older or in poor health,
they may require more financial support from the other spouse.
Child custody arrangements: If one spouse is awarded primary custody of
the children, they may also be awarded spousal maintenance to help with
the costs of raising the children.
Once these factors have been considered, the court will determine the amount
and duration of spousal maintenance to be paid.
Tax Implications of Spousal Maintenance
It's important to note that spousal maintenance can have tax implications
for both the paying and receiving spouse. If spousal maintenance is awarded,
the paying spouse can deduct the payments on their tax return, while the
receiving spouse must report the payments as income on their tax return.
Modification or Termination of Spousal Maintenance
In some cases, spousal maintenance can be modified or terminated if there
is a significant change in the financial circumstances of either spouse.
For example, if the paying spouse loses their job or experiences a significant
decrease in income, they may be able to petition the court to modify or
terminate the spousal maintenance payments.
Likewise, if the receiving spouse remarries or experiences a significant
increase in income, the paying spouse may be able to petition the court
to terminate the spousal maintenance payments.
With over 35 years experience as a divorce attorney and mediator, I have
helped many spouses get the spousal support they deserved.
I can help you too!
Particularly in the mediation process there can be room for negotiation.
Sometimes a couple will agree that instead of paying or receiving support,
there will be a lump sum property settlement, which has different tax
Call me if you would like to get an estimate of what your spousal support
will be. I will be happy to get those calculations for you.
FREE 1 HOUR CONSULTATIONS arestill available virtually!
Call me, New York Divorce Lawyer, Lois Brenner now to schedule your free
I look forward to going over the details of your spousal support.
Schedule your free consultation with attorney Lois Brenner right now!
Spousal maintenance can be a complicated and emotional issue in divorce
cases. It's important to understand the factors that are considered
when determining spousal maintenance and the potential tax implications
of spousal maintenance payments.
Learn more today by calling for your free consultation right now. Call